No. 22-6691

Hugues-Denver Akassy v. Michael Kirkpatrick, Superintendent, Clinton Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-charges criminal-indictment due-process habeas-corpus indigent-defendant judicial-procedure rape-case standing subject-matter-jurisdiction
Latest Conference: 2023-03-24
Question Presented (from Petition)

Can a court with lack of subject matter jurisdiction permit trumped-up criminal charges and indigent defendant to stand trial on charges not made in indictment?

Can a court with lack of subject matter jurisdiction permit indigent defendant to stand trial without his alleged accuser of rape who disappeared without a trace and refused to testify in court?

Can a United States Magistrate Judge with lack of subject matter jurisdiction be allowed to issue a Report and Recommendation on a writ of habeas corpus to a district judge?

Question Presented (AI Summary)

Can a court with lack of subject matter jurisdiction permit an indigent defendant to stand trial on trumped-up criminal charges not made in indictment?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-02-23
Waiver of right of respondent Kirkpatrick, Superintendent, Clinton Correctional Facility to respond filed.
2023-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2023)

Attorneys

Hugues D. Akassy
Hugues Denver Akassy — Petitioner
Kirkpatrick, Superintendent, Clinton Correctional Facility
Margaret A. CiepriszNew York State Office of the Attorney General, Respondent